2007-10-08 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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(Mr. Abel Simeona Lui, Kohanaiki of Kawa `a, Moku O Keawe Ohana, addressed the Commission on his concerns in regards to Kawa `a). He told the Commission that it's not their job to make decisions concerning the lands in the Kingdom of Hawaii. These kuleana and royal patent lands are family's and ancestor lands and the Commission has no say over lands that are not theirs, and is therefore trespassing. He further added that these lands were never for sale, and the Commission has no right to purchase. (Professor Ah Lui introduced herself as ohana makua, body politic and head of the family on behalf of lands in Kawa `a). She told the Commission that they are negotiating lands that have no clear title and stated that it is a "malicious intent" to remove her brother, Mr. Abel Lui from lands in Kawa`a. She then told the Commission that if they are to use public monies to purchase titles that are clouded, they are doing something fraudulent for the greed of preserving properties. Mr. Kaneshiro noted that the Commission is strictly an advisory to the Mayor and do not make the final decisions. He suggested to Ms. Lui that she go and talk to the Hawaii County Council who has the final say. Mr. Lui further added that Land Commission Award Nos. 993 and 1530 are not for lands in Kawa`a, it's for lands in Kahuku, Oahu. Mr. Kaneshiro thanked Mr. and Ms. Lui for their comments. Mr. Kaneshiro asked the Commission how this draft list will be prepared. Mr. Gilmartin expressed that he feels that site visits of the property is an option that should be pursued for the top properties. Ms. Springer asked Mr. Bancroft how the Commission would go about setting up site visits on some of these properties. Mr. Bancroft replied that they would follow the normal agendized rules. He further added that it depends on how much commissioners will be present at the site and noted that he will provide a written determination to the Commission and have it sent out before the next meeting in November. Mr. Kaneshiro mentioned that once they get clarification from Corporation Counsel, can they proceed with site visits. Mr. Yada noted that they also need to obtain the landowner's approval in order to access certain properties. Ms. Springer then asked who would be contacting the individual landowners to get approval. Ms. Schuster suggested that they contact Ms. Gail Byrne to come in and do a presentation for the Kohala properties due to the amount of time left to complete the report. Ms. Springer noted that the Commissioners should have the same information at the same time when doing site visits. Mr. Bancroft suggested that if they do plan to visit a site they should go together as a Commission. Ms. Garcia asked if it was possible for them to go as small groups. Ms. Springer further noted that there are rules governing the work of committees and Commissions and there may not be enough time. Ms. Springer concluded that the Commission needs to be educated on site visits for this year and upon the legal determination proceed with site visits for next year's report. Page 5 of 6